Deposit and Balance
A non-refundable deposit of 40% is required to secure your event. The remaining balance is due one day prior to the event. If the remaining balance is not received one day prior to the event, it will be removed from the schedule and deemed as canceled with no refund of the deposit.
Reschedule
You are allowed to reschedule your event. Your initial deposit will be transferred to the new event date. The remaining balance is due one day prior to the event. If the remaining balance is not received one day prior to the event, it will be removed from the schedule and deemed as canceled with no refund of the deposit.
Cancellation
In the event of a cancellation, you will not receive a refund of your 40% deposit. If the remaining balance was paid and you have to cancel, you will be eligible to receive your remaining balance.
If you paid in full but have to cancel, you will be eligible for a 60% refund.
Rental Of Goods Agreement: State of Louisiana and The District of Columbia
This Rental Of Goods Agreement, hereinafter referred to as "Agreement,” is entered into and made effective as of the date set forth at the end of this document by and between the following parties:
Amor's Event Space & Rentals, a Limited Liability Company, organized under the laws of the state of Louisiana, having its principal place of business at the following address:
3220 General DeGaulle Dr
Ste 101 #V106
New Orleans, LA 70114
Hereinafter, "Provider" will refer to and be used to describe the following party: Amor's Event Space & Rentals. "Renter" will refer to and be used to describe the following party:YOU: The individual that booked the event, responsible for the event, pays for the event, and or the individual who is reading this agreement and checking the box below to adhere to every term of this agreement. Provider and Renter may be referred to individually as "Party" and collectively as the "Parties."
RECITALS:
WHEREAS, Provider wishes to offer for rent a certain Good, as defined below; WHEREAS, Renter wishes to rent such Good from Provider; NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
Article 1 - RENTAL OF ITEM:
Provider hereby agrees to provide, and Renter agrees to rent, the following: 360 Photo Booth (the "Good")
The transaction between Provider and Renter will hereinafter be described as the "Rental."
Article 2 - DURATION OF RENTAL:
The Rental will begin on the date that is set by the Renter when booking. The number of hours being rented is set by the Renter when booking.
Article 3 - PRICE:
For the rental of the Good, Renter agrees to pay and Provider agrees to accept the payments for the amount stated on the booking site or through a phone consultation. This Rental Price is exclusive of any applicable taxes.
The Provider and the Renter each acknowledge the sufficiency of the Rental Price as consideration. Unless otherwise explicitly agreed to by each of the parties, any sales tax or other similar tax, such as use or excise tax applicable to the Rental of the Good will be paid by the Renter.
Article 4 - DEPOSIT:
A 40% non-refundable deposit is required to secure the event date. The Deposit is due at the time of booking.
Article 5 - PAYMENT:
The 40% non-refundable is due and paid at the time of booking. The Remaining Balance will be paid in only one of the following methods of payment: Invoice, PayPal, Zelle, or Cash App
Payment of the full Rental Price will be due 1 day prior to the Start Date of the Rental.
Article 6 - RISK OF LOSS:
Risk of loss for the Good will be entirely with the Renter. Renter is responsible for any and all damage of or to the Good and hereby agrees to pay Provider the full cost of any repair and/or replacement. Provider will assess the cost, at Provider's sole and exclusive discretion, and will provide Renter with an invoice to be paid Immediately.
Article 7 - INSPECTION:
Renter acknowledges that Renter has had the opportunity to fully inspect the Good and has found the Good suitable for the purpose required. Renter further acknowledges and agrees that Renter understands the proper use of the Good and that Renter will notify Provider immediately in case the Good becomes unsuitable or unsafe for use. In such instances, Renter will immediately discontinue use of the Good and Provider will replace the Good if possible. However, in no circumstance is the Provider responsible for any damage, delay, or incidental or consequential damages caused by any form of interruption of use for the Good.
Article 8 - DISCLAIMER OF WARRANTY:
Provider and Renter each agree that the Good is being rented "as is" and that Provider hereby expressly disclaims any and all warranties of quality, whether express or implied, including but not limited the warranties of merchantability and fitness for a particular purpose. Renter acknowledges that it is relying solely on its own investigations, inspections and/or examinations and has not been induced by the Provider or any of Provider's agents or representatives making any statements as to the quality or condition of the Good.
Article 9 - LIMITATION OF LIABILITY:
Effective immediately upon execution, The Renter, do hereby release and forever discharge Amor’s Event Space and Rentals LLC, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: 360 Photo Booth
Renter agrees to hold Provider harmless for any damage or injuries caused as a result of any negligence on Renter's part, renter’s parties part, renter’s clients part, or any of the renter’s association . Renter hereby acknowledges and accepts full responsibility of any damages or injuries that is caused to any participants or anyone associated with the renter’s event, Renter hereby acknowledges and agrees, as above, that Provider is not liable for any special, indirect, consequential or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.
Article 10 - PROHIBITED USAGE:
Only lawful uses of the Good is permitted. Renter hereby agrees not to use the Good for any illegal purpose or in any illegal manner, or if use of the Good would be unsafe.
Article 11 - GENERAL PROVISIONS:
A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of Louisiana and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Louisiana. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
B) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
C) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
D) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.
E) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term
F) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement
G) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
H) FORCE MAJEURE/EXCUSE: Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Provider is not liable for any delivery delay or non-performance caused by labor or transportation disputes or shortage, material delays, or delays or non-performance caused by any of Provider's suppliers.
I) NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail or airmail to the address of the relevant Party set out at the head of this Agreement. Notices may also be sent via email to the relevant email address set out below, if any, or other email address as that Party may from time to time notify to the other Party in accordance with this clause.
The relevant email contact information for Provider is as follows:
Provider: amoreventandrental@gmail.com
Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case of inland first class mail), or 7 working days after the date of posting (in the case of air mail). In the case of email, notices shall be deemed to have been received the next working day after sending.
In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the
envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched, and dispatch of the transmission was confirmed.
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